NAD

For several years now, dietary supplement advertising has been squarely on the radar of the FTC, state regulators, self-regulators, and last but never least, plaintiff’s lawyers. A recent FTC settlement with the makers of the...more

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act -
A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

MCC: On April 15, a working group associated with the ABA released a report* evaluating the National Advertising Division (NAD) and the state of advertising self-regulation in the U.S. You led the group in these efforts....more

Couch potatoes everywhere have had a chuckle over DirecTV’s campaign featuring Rob Lowe’s “cool” and creepy/awkward/dorky personas, wherein “cool Rob” is equated to DirecTV, and the less fortunate Rob is equated to a...more

Response To FCC’s New Net Neutrality Regs Anything But Neutral -
In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands -
A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification -
Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward:
A putative class action alleging that LinkedIn Corp. violated their right of...more

Lawmakers: Time to Discuss the Internet of Things:
What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things?
A group of senators has called for a hearing to...more

“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more

A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback...more

The National Advertising Division is holding its annual conference this week in New York, and Foley Hoag is in attendance for what many consider to be the leading conference of its kind. Day One saw an impressive line-up of...more

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules -
While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

The second Form SD and related conflicts minerals report has been filed. They are interesting documents but may still not be the holy grail of precedents because of, among other things, the use of terms like “Conflict Free...more

NAD Decision Offers Reminder About Use of Before and After Pictures -
“Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

High-Profile Mistake Could Cost Data Brokers:
Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry?
The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

C May Now Be For Celery or Carrots -
Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department.
In a...more

Facebook Changes Its Promotion Guidelines -
Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

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